Legal Opinion
Baker v. Jim Walter Homes, Inc.
District Court, W.D. Virginia
Decided July 19, 2006No. 2:05CV00059PublishedCited by 4 opinions
1Opinion of the Court
JONES, Chief Judge.
In this diversity case, I find that the plaintiffs action is barred by the Virginia statute of frauds.
The plaintiff, Ron Baker, filed suit in the Circuit Court of Scott County, Virginia, against the defendant, Jim Walter Homes, Inc. (“Jim Walter Homes”), alleging that the defendant had breached a “valid oral contract” to sell the plaintiff a two-story model home from the defendant’s lot. (Mot. J. ¶ 13.) 1 The defendant thereafter removed the action to this court, based on diversity of citizenship and amount in controversy. See 28 U.S.C.A. § 1441(a) (West 1994).
Jim Walter…
2Cases cited9 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Halifax Corp. v. First Union National BankSupreme Court of Virginia · 2001
- Stuart v. PennisSupreme Court of Virginia · 1895
- State Highway & Transportation Commissioner v. Edwards Co.Supreme Court of Virginia · 1979
- Condon Bros. v. Simpson Timber Co.Court of Appeals of Washington · 1998
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3Cited by4 opinions
- Patel v. Comm'rUnited States Tax Court · 2012
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- Upen G. Patel and Avanti D. Patel v. CommissionerUnited States Tax Court · 2012
- Upen G. Patel and Avanti D. Patel v. CommissionerUnited States Tax Court · 2012